Pay Equity Act

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Sections892

• 1Short title

  This Act may be cited as the Pay Equity Act.

• 2Purpose

  The purpose of this Act is to achieve pay equity through proactive means by redressing the systemic gender-based discrimination in the compensation practices and systems of employers that is experienced by employees who occupy positions in predominantly female job classes so that they receive equal compensation for work of equal value, while taking into account the diverse needs of employers, and then to maintain pay equity through proactive means.

• 3Definitions
• 3(1)

  The following definitions apply in this Act.

• 3(1)[p4]

  bank rate means the rate of interest established periodically by the Bank of Canada as the minimum rate at which the Bank of Canada makes short term advances to members of the Canadian Payments Association. (taux d’escompte)

• 3(1)[p5]

  bargaining agent has the same meaning as in subsection 2(1) of the Federal Public Sector Labour Relations Act or the same meaning as in subsection 3(1) of the Canada Labour Code, as the case may be. (agent négociateur)

• 3(1)[p6]

  bargaining unit has the same meaning as in subsection 2(1) of the Federal Public Sector Labour Relations Act or the same meaning as in subsection 3(1) of the Canada Labour Code, as the case may be. (unité de négociation)

• 3(1)[p7]

  compensation means any form of remuneration payable for work performed by an employee and includes

• 3(1)[p7](a)

  salaries, commissions, vacation pay, severance pay and bonuses;

• 3(1)[p7](b)

  payments in kind;

• 3(1)[p7](c)

  employer contributions to pension funds or plans, long-term disability plans and all forms of health insurance plans; and

• 3(1)[p7](d)

  any other advantage received directly or indirectly from the employer. (rémunération)

• 3(1)[p12]

  core public administration has the same meaning as in subsection 11(1) of the Financial Administration Act. (administration publique centrale)

• 3(1)[p13]

  dependent contractor has the same meaning as in subsection 3(1) of the Canada Labour Code. (entrepreneur dépendant)

• 3(1)[p14]

  employee means

• 3(1)[p14](a)

  a person employed in the public service, other than

• 3(1)[p14](a)(i)

  a person appointed by the Governor in Council under an Act of Parliament to a statutory position described in that Act,

• 3(1)[p14](a)(ii)

  a person locally engaged outside Canada, or

• 3(1)[p14](a)(iii)

  a person employed under a program designated by the employer as a student employment program;

• 3(1)[p14](b)

  an officer or non-commissioned member of the Canadian Forces;

• 3(1)[p14](c)

  a person employed by an employer referred to in paragraph (2)(e) on or in connection with the operation of any federal work, undertaking or business, as defined in section 2 of the Canada Labour Code, including a private constable, as defined in subsection 3(1) of that Act, other than

• 3(1)[p14](c)(i)

  a person employed under a program designated by the employer as a student employment program, or

• 3(1)[p14](c)(ii)

  a student employed by the employer solely during the student’s vacation periods;

• 3(1)[p14](c.1)

  a person employed by an employer referred to in paragraph (2)(e.1), other than

• 3(1)[p14](c.1)(i)

  a person employed under a program designated by the employer as a student employment program, or

• 3(1)[p14](c.1)(ii)

  a student employed by the employer solely during the student’s vacation periods;

• 3(1)[p14](d)

  in respect of an employer referred to in paragraph (2)(f), a dependent contractor;

• 3(1)[p14](e)

  a person employed by the government of Yukon;

• 3(1)[p14](f)

  a person employed by the government of the Northwest Territories; and

• 3(1)[p14](g)

  a person employed by the government of Nunavut. (employé)

• 3(1)[p30]

  employee organization has the same meaning as in subsection 2(1) of the Federal Public Sector Labour Relations Act. (organisation syndicale)

• 3(1)[p31]

  group of job classes means a series of job classes that bear a relationship to each other because of the nature of the work required to be performed within each job class in the series and that are organized in successive levels. (groupe de catégories d’emplois)

• 3(1)[p32]

  Minister means the member of the Queen’s Privy Council for Canada designated under section 5. (ministre)

• 3(1)[p33]

  non-unionized employee means an employee who is not a member of a bargaining unit, other than an employee who occupies a position declared to be a managerial or confidential position as defined in subsection 2(1) of the Federal Public Sector Labour Relations Act or an employee who performs management functions or is employed in a confidential capacity in matters relating to industrial relations. (non syndiqué)

• 3(1)[p34]

  Pay Equity Commissioner means the Pay Equity Commissioner appointed under subsection 26(1) of the Canadian Human Rights Act. (Commissaire à l’équité salariale)

• 3(1)[p35]

  payroll, in respect of an employer, means the total of all salaries payable to the employer’s employees. (masse salariale)

• 3(1)[p36]

  public service means the several positions in or under

• 3(1)[p36](a)

  the departments named in Schedule I to the Financial Administration Act;

• 3(1)[p36](b)

  the other portions of the federal public administration named in Schedule IV to that Act; and

• 3(1)[p36](c)

  the separate agencies named in Schedule V to that Act. (fonction publique)

• 3(1)[p40]

  trade union has the same meaning as in subsection 3(1) of the Canada Labour Code. (syndicat)

• 3(1)[p41]

  Tribunal means the Canadian Human Rights Tribunal established by section 48.1 of the Canadian Human Rights Act. (Tribunal)

• 3(1)[p42]

  unionized employee means an employee who is a member of a bargaining unit that is represented by a bargaining agent. (syndiqué)

• 3(2)Employers

  For the purposes of this Act, each of the following is considered to be an employer:

• 3(2)(a)

  Her Majesty in right of Canada as represented by the Treasury Board, in respect of the aggregate of the departments and other portions of the federal public administration named in Schedules I and IV, respectively, to the Financial Administration Act, except that the reference to the Royal Canadian Mounted Police in that Schedule IV is deemed to be a reference to the Royal Canadian Mounted Police only in respect of civilian employees appointed or employed in accordance with section 10 of the Royal Canadian Mounted Police Act;

• 3(2)(b)

  Her Majesty in right of Canada as represented by the Treasury Board, in respect of the Canadian Forces;

• 3(2)(c)

  Her Majesty in right of Canada as represented by the Treasury Board, in respect of the Royal Canadian Mounted Police, in relation to members as defined in subsection 2(1) of the Royal Canadian Mounted Police Act;

• 3(2)(d)

  in respect of a separate agency, as defined in subsection 11(1) of the Financial Administration Act, Her Majesty in right of Canada as represented by the separate agency;

• 3(2)(e)

  each person who employs employees in connection with the operation of any federal work, undertaking or business, as defined in section 2 of the Canada Labour Code, other than a work, undertaking or business of a local or private nature in Yukon, the Northwest Territories or Nunavut;

• 3(2)(e.1)

  a corporation established to perform any duty or function on behalf of the Government of Canada, other than a corporation named in Schedule IV or V of the Financial Administration Act;

• 3(2)(f)

  in respect of a dependent contractor, an employer as defined in paragraph (b) of that expression in subsection 3(1) of the Canada Labour Code;

• 3(2)(g)

  the government of Yukon;

• 3(2)(h)

  the government of the Northwest Territories; and

• 3(2)(i)

  the government of Nunavut.

• 3(3)References to employees in regards to Her Majesty in right of Canada

  For the purposes of this Act, every reference to an employer’s employees is to be read as a reference to,

• 3(3)(a)

  in the case of Her Majesty in right of Canada as represented by the Treasury Board, as employer in respect of the aggregate of the departments and other portions of the federal public administration referred to in paragraph (2)(a), only employees employed in those departments and other portions, other than members as defined in subsection 2(1) of the Royal Canadian Mounted Police Act;

• 3(3)(b)

  in the case of Her Majesty in right of Canada as represented by the Treasury Board, as employer in respect of the Canadian Forces, only officers and non-commissioned members of the Canadian Forces;

• 3(3)(c)

  in the case of Her Majesty in right of Canada as represented by the Treasury Board, as employer in respect of the Royal Canadian Mounted Police, only members as defined in subsection 2(1) of the Royal Canadian Mounted Police Act; and

• 3(3)(d)

  in the case of Her Majesty in right of Canada as represented by a separate agency, as employer in respect of the separate agency, only employees employed in that separate agency.

• 4Group of employers
• 4(1)

  Two or more employers described in any of paragraphs 3(2)(e) to (i) that are subject to this Act may form a group and apply to the Pay Equity Commissioner to have the group of employers recognized as a single employer.

• 4(2)References to employers

  If a group of employers is recognized by the Pay Equity Commissioner as a single employer under section 106, every reference in sections 19 to 21, 27, 32, 35, 38 to 41, 43 to 50 and 54, subsection 57(1), sections 64, 75, 78, 79 and 82, subsections 85(1) and 104(2), sections 111, 147, 148 and 151, subsection 157(1) and paragraph 181(1)(c) to an employer is, in respect of the group of employers, to be read as a reference to that group of employers, unless the context otherwise requires.

• 4(3)References to employers

  If a group of employers is recognized by the Pay Equity Commissioner as a single employer under section 106, every reference in sections 118 to 120, subsections 149(2) and 150(3), paragraph 158(1)(b), subsections 158(2) and (3) and section 168 to an employer may, in respect of the group of employers, is to be read as a reference to that group of employers or to any employer in the group, as the context requires.

• 4(4)Date on which group becomes subject to Act

  If the Pay Equity Commissioner recognizes a group of employers as a single employer, the date on which the group of employers is considered to have become subject to this Act for the purpose of subsection 55(1) and paragraphs 61(1)(b) and 89(2)(b) is the date chosen by that Commissioner.

• 5Designation of Minister

  The Governor in Council may, by order, designate a member of the Queen’s Privy Council for Canada as the Minister for the purposes of this Act.

• 6Employers subject to Act on coming into force

  The following employers become subject to this Act on the date on which this section comes into force:

• 6(a)

  an employer referred to in any of paragraphs 3(2)(a) to (d) that

• 6(a)(i)

  is considered under subparagraph 8(a)(i) to have 10 to 99 employees, or

• 6(a)(ii)

  is considered under subparagraph 8(b)(i) to have 100 or more employees; and

• 6(b)

  an employer referred to in any of paragraphs 3(2)(e) to (i) that

• 6(b)(i)

  is considered under subparagraph 9(a)(i) to have 10 to 99 employees, or

• 6(b)(ii)

  is considered under subparagraph 9(b)(i) to have 100 or more employees.

• 7Later date in public sector — 10 to 99 employees
• 7(1)

  An employer referred to in any of paragraphs 3(2)(a) to (d) that is considered under subparagraph 8(a)(ii) to have 10 to 99 employees becomes subject to this Act on the first day of the fiscal year immediately after the fiscal year in which the average of the number of the employer’s employees was at least 10 but less than 100.

• 7(2)Public sector — 100 or more employees

  An employer referred to in any of paragraphs 3(2)(a) to (d) that is considered under subparagraph 8(b)(ii) to have 100 or more employees becomes subject to this Act on the first day of the fiscal year immediately after the fiscal year in which the average of the number of the employer’s employees was 100 or more.

• 7(3)Private sector and territorial governments — 10 to 99 employees

  An employer referred to in any of paragraphs 3(2)(e) to (i) that is considered under subparagraph 9(a)(ii) to have 10 to 99 employees becomes subject to this Act on January 1 of the calendar year immediately after the calendar year in which the average of the number of the employer’s employees was at least 10 but less than 100.

• 7(4)Private sector and territorial governments — 100 or more employees

  An employer referred to in any of paragraphs 3(2)(e) to (i) that is considered under subparagraph 9(b)(ii) to have 100 or more employees becomes subject to this Act on January 1 of the calendar year immediately after the calendar year in which the average of the number of the employer’s employees was more than 100.

• 8Determination of number of employees — public sector

  For the purpose of sections 6 and 7

• 8(a)

  an employer referred to in any of paragraphs 3(2)(a) to (d) is considered to have 10 to 99 employees if

• 8(a)(i)

  the average of the number of the employer’s employees in the fiscal year immediately before the fiscal year in which this section comes into force is at least 10 but less than 100, or

• 8(a)(ii)

  the average of the number of the employer’s employees in the fiscal year in which this section comes into force or in any subsequent fiscal year is at least 10 but less than 100; and

• 8(b)

  an employer referred to in any of paragraphs 3(2)(a) to (d) is considered to have 100 or more employees if

• 8(b)(i)

  the average of the number of the employer’s employees in the fiscal year immediately before the fiscal year in which this section comes into force is 100 or more, or

• 8(b)(ii)

  the average of the number of the employer’s employees in the fiscal year in which this section comes into force or in any subsequent fiscal year is 100 or more.

• 9Determination of number of employees — private sector and territorial governments

  For the purpose of sections 6 and 7

• 9(a)

  an employer referred to in any of paragraphs 3(2)(e) to (i) is considered to have 10 to 99 employees if

• 9(a)(i)

  the average of the number of the employer’s employees in the calendar year immediately before the calendar year in which this section comes into force is at least 10 but less than 100, or

• 9(a)(ii)

  the average of the number of the employer’s employees in the calendar year in which this section comes into force or in any subsequent calendar year is at least 10 but less than 100; and

• 9(b)

  an employer referred to in any of paragraphs 3(2)(e) to (i) is considered to have 100 or more employees if

• 9(b)(i)

  the average of the number of the employer’s employees in the calendar year immediately before the calendar year in which this section comes into force is 100 or more, or

• 9(b)(ii)

  the average of the number of the employer’s employees in the calendar year in which this section comes into force or in any subsequent calendar year is 100 or more.

• 10Exemption

  The governments of Yukon, the Northwest Territories and Nunavut are exempt from the application of this Act until the date that the Governor in Council may, by order, specify in respect of that government.

• 11Exemption
• 11(1)

  Indigenous governing bodies that are employers are exempt from the application of this Act until the date that the Governor in Council may, by order, specify.

• 11(2)Definition of Indigenous governing body

  In this section, Indigenous governing body means a council, government or other entity that is authorized to act on behalf of an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982.

• 12Requirement to establish plan

  Every employer must establish a pay equity plan in accordance with this Act in respect of its employees.

• 13Requirement to establish plan — group of employers

  Every group of employers must establish a pay equity plan in accordance with this Act in respect of the employees of the employers in the group.

• 14Notice — employers referred to in subsection 16(1)
• 14(1)

  An employer referred to in subsection 16(1) must post a notice

• 14(1)(a)

  setting out its obligation

• 14(1)(a)(i)

  to establish a pay equity plan, and

• 14(1)(a)(ii)

  to make all reasonable efforts to establish a pay equity committee for that purpose;

• 14(1)(b)

  setting out the requirements for the committee’s membership;

• 14(1)(c)

  informing its non-unionized employees, if any, of their right to designate the committee members who will represent them; and

• 14(1)(d)

  informing its unionized employees, if any, that their bargaining agent will select the committee members who will represent the employees who are members of any bargaining unit represented by that bargaining agent.

• 14(2)Notice — employers referred to in subsection 16(2)

  An employer referred to in subsection 16(2) must post a notice

• 14(2)(a)

  setting out its obligation to establish a pay equity plan; and

• 14(2)(b)

  if it has decided to establish a pay equity committee,

• 14(2)(b)(i)

  setting out the requirements for the committee’s membership, and

• 14(2)(b)(ii)

  informing its employees of their right to designate the committee members who will represent them.

• 15Notice — group of employers referred to in subsection 17(1)
• 15(1)

  Each employer that is in a group of employers referred to in subsection 17(1) must post a notice

• 15(1)(a)

  indicating that it is in a group of employers;

• 15(1)(b)

  setting out the group’s obligation

• 15(1)(b)(i)

  to establish a pay equity plan, and

• 15(1)(b)(ii)

  to make all reasonable efforts to establish a pay equity committee for that purpose;

• 15(1)(c)

  setting out the requirements for the committee’s membership;

• 15(1)(d)

  informing the employer’s non-unionized employees, if any, of their right to designate the committee members who will represent the non-unionized employees of all of the employers in the group of employers; and

• 15(1)(e)

  informing the employer’s unionized employees, if any, that their bargaining agent will select the committee members who will represent the employees — of all of the employers in the group of employers — who are members of any bargaining unit represented by that bargaining agent.

• 15(2)Notice — group of employers referred to in subsection 17(2)

  Each employer that is in a group of employers referred to in subsection 17(2) must post a notice

• 15(2)(a)

  indicating that it is in a group of employers;

• 15(2)(b)

  setting out the group’s obligation to establish a pay equity plan; and

• 15(2)(c)

  if the group has decided to establish a pay equity committee,

• 15(2)(c)(i)

  setting out the requirements for the committee’s membership, and

• 15(2)(c)(ii)

  informing the employer’s employees of their right to designate the committee members who will represent the employees of all of the employers in the group of employers.

• 16Requirement to establish pay equity committee
• 16(1)

  The following employers must, in respect of the pay equity plan that the employer is required to establish, make all reasonable efforts to establish a pay equity committee:

• 16(1)(a)

  an employer that is considered to have 100 or more employees for the purpose of section 6 or 7, as the case may be; or

• 16(1)(b)

  an employer that is considered to have 10 to 99 employees for the purpose of section 6 or 7, as the case may be, if some or all of its employees were unionized employees on the date on which the employer became subject to this Act.

• 16(2)Voluntary establishment of pay equity committee

  An employer that is considered to have 10 to 99 employees for the purpose of section 6 or 7, as the case may be, may, on its own initiative or at the request of an employee, decide to establish a pay equity committee if all of its employees were non-unionized employees on the date on which the employer became subject to this Act.

• 16(3)Notice to Pay Equity Commissioner

  An employer referred to in subsection (2) that establishes a pay equity committee must notify the Pay Equity Commissioner that it has done so.

• 17Requirement to establish pay equity committee — group of employers
• 17(1)

  The following groups of employers must, in respect of the pay equity plan that the group is required to establish, make all reasonable efforts to establish a pay equity committee:

• 17(1)(a)

  a group of employers that is considered under section 18 to have 100 or more employees; or

• 17(1)(b)

  a group of employers that is considered under section 18 to have 10 to 99 employees, if at least one of the employers in the group had unionized employees on the date on which it became subject to this Act.

• 17(2)Voluntary establishment of pay equity committee

  A group of employers that is considered under section 18 to have 10 to 99 employees, may, on its own initiative or at the request of an employee, decide to establish a pay equity committee if each of the employers in the group had only non-unionized employees on the date on which it became subject to this Act.

• 17(3)Notice to Pay Equity Commissioner

  A group of employers referred to in subsection (2) that establishes a pay equity committee must notify the Pay Equity Commissioner that it has done so.

• 18Number of employees — group of employers

  For the purpose of section 17,

• 18(a)

  a group of employers is considered to have 100 or more employees if the sum of the average of the number of employees of each of the employers in the group — that average, for each of those employers, being the average of the number described in paragraph 9(a) or (b) that determined the date on which the employer became subject to this Act — is 100 or more; and

• 18(b)

  a group of employers is considered to have 10 to 99 employees if the sum of the average of the number of employees of each of the employers in the group — that average, for each of those employers, being the average of the number described in paragraph 9(a) that determined the date on which the employer became subject to this Act — is at least 10 but less than 100.

• 19Composition of committee
• 19(1)

  A pay equity committee is to be composed of at least three members and must also meet the following requirements:

• 19(1)(a)

  at least two-thirds of the members must represent the employees to whom the pay equity plan relates;

• 19(1)(b)

  at least 50% of the members must be women;

• 19(1)(c)

  at least one member must be a person selected by the employer to represent it;

• 19(1)(d)

  if some or all of the employees to whom the pay equity plan relates are unionized employees, there must be at least the same number of members to represent those employees as there are bargaining agents, with each bargaining agent selecting at least one person to be a member and to represent employees who are members of any bargaining unit represented by that bargaining agent; and

• 19(1)(e)

  if some or all of the employees to whom the pay equity plan relates are non-unionized employees, at least one member must be a person selected by those employees to represent them.

• 19(2)Non-unionized employees

  Non-unionized employees must select members to represent them by a majority of votes.

• 19(3)Committee cannot be established

  If the employer is unable to establish a pay equity committee that meets the requirements set out in any of paragraphs (1)(a), (b), (d) and (e), it must apply to the Pay Equity Commissioner for authorization to establish a committee with different requirements than the ones set out in that paragraph.

• 20Vote
• 20(1)

  The members who represent employees have, as a group, one vote and the members who represent the employer have, as a group, one vote. A decision of a group counts as a vote only if it is unanimous. If the members who represent employees cannot, as a group, reach a unanimous decision on a matter, that group forfeits its right to vote and the vote of the group of members who represent the employer prevails.

• 20(2)Minimum composition required for vote

  The pay equity committee may hold a vote only if there is present for it

• 20(2)(a)

  at least one member who represents the employer;

• 20(2)(b)

  for each bargaining agent, if any, that selected members, at least one such member; and

• 20(2)(c)

  one member who represents non-unionized employees, if any.

• 21Directions from employer
• 21(1)

  An employer must give to any member of a pay equity committee who represents the employer sufficient direction to permit the member to perform their work as the employer’s representative on the committee.

• 21(2)Directions from bargaining agent

  A bargaining agent must give to any member of a pay equity committee who represents employees who are members of any bargaining unit represented by the bargaining agent sufficient direction to permit the member to perform their work as those employees’ representative on the committee.

• 22Measures to facilitate the selection of members
• 22(1)

  To facilitate the selection of employee representatives on a pay equity committee, an employer must make available, as necessary, its premises and equipment and must permit its employees to take time away from their work, as required, to participate in the selection process.

• 22(2)Measures to support work of committee

  Once the pay equity committee is established, the employer must make available, as necessary, its premises and equipment for the work of the committee and must permit employees who are members of the committee to take time away from their work, as required, to participate in training sessions and meetings of the committee and to perform their work as a member of the committee.

• 22(3)Employee deemed at work

  An employee who takes time away from their work in accordance with subsection (1) or (2) is deemed to be at work for all purposes.

• 23Requirement to provide information — employer
• 23(1)

  An employer must provide the pay equity committee with any information in the employer’s possession that the committee considers necessary for the establishment of the pay equity plan.

• 23(2)Requirement to provide information — employees and bargaining agents

  Every employee to whom the pay equity plan relates and, if some of those employees are unionized employees, every bargaining agent that represents those unionized employees, must provide the pay equity committee with any information within their knowledge or control that the committee considers necessary for the establishment of the pay equity plan.

• 24Requirement to keep information confidential — committee members
• 24(1)

  Each person who is or was a member of a pay equity committee to which information is provided in accordance with section 23 must keep confidential — except for the purpose for which it is provided — any of the information that is specified by the employer, employee or bargaining agent, as the case may be, as being confidential.

• 24(2)Employers and bargaining agents

  Each employer and each bargaining agent that receives, from a member of a pay equity committee, information that the member is required under subsection (1) to keep confidential, must also keep the information confidential.

• 25Notice of establishment of plan without committee

  If an employer, despite having made all reasonable efforts, is unable to establish a pay equity committee, the employer must apply to the Pay Equity Commissioner for authorization to establish the pay equity plan without a pay equity committee. If that authorization is granted, the employer must post a notice informing the employees to whom the pay equity plan relates that the employer will establish the pay equity plan without a pay equity committee.

• 26Notice of establishment of plan without committee — group of employers

  If a group of employers, despite having made all reasonable efforts, is unable to establish a pay equity committee, the group must apply to the Pay Equity Commissioner for authorization to establish the pay equity plan without a committee. If that authorization is granted, each employer in the group must post a notice informing its employees to whom the pay equity plan relates that the group of employers will establish the pay equity plan without a committee.

• 27Committee does not meet requirement after establishment

  If a pay equity committee established by an employer does not, at any time after it has been established, meet the requirements set out in any of paragraphs 19(1)(a), (b), (d) and (e), the employer must apply to the Pay Equity Commissioner for authorization for the continuation of the committee with different requirements than the ones set out in that paragraph.

• 28Committee cannot perform work

  If, at any time after establishing a pay equity committee, an employer is of the opinion that the committee is unable to perform its work, the employer may apply to the Pay Equity Commissioner for authorization to establish the pay equity plan without a committee. If that authorization is granted, the employer must post a notice informing the employees to whom the pay equity plan relates that the employer will establish the pay equity plan without a committee.

• 29Committee cannot perform work — group of employers

  If, at any time after establishing a pay equity committee, a group of employers is of the opinion that the committee is unable to perform its work, the group may apply to the Pay Equity Commissioner for authorization to establish the pay equity plan without a committee. If that authorization is granted, each employer in the group must post a notice informing its employees to whom the pay equity plan relates that the group of employers will establish the pay equity plan without a committee.

• 30Multiple plans
• 30(1)

  An employer referred to in subsection 16(1) or (3), a bargaining agent for any unionized employees of the employer or a non-unionized employee of the employer may apply to the Pay Equity Commissioner to approve the establishment of more than one pay equity plan.

• 30(2)Multiple plans — group of employers

  A group of employers referred to in subsection 17(1) or (3), a bargaining agent for any unionized employees of an employer that is in the group or a non-unionized employee of an employer that is in the group may apply to the Pay Equity Commissioner to approve the establishment of more than one pay equity plan.

• 30(3)Application — required information

  The employer, group of employers, bargaining agent or employee, as the case may be, must, in the application,

• 30(3)(a)

  indicate the number of pay equity plans being proposed; and

• 30(3)(b)

  identify the employer’s employees — or, if the employer is in a group of employers, all of the employees of the employers in the group — to whom each pay equity plan would relate.

• 30(4)Evidence and representations

  The Pay Equity Commissioner must give an opportunity to make representations, in the manner that he or she specifies, to the applicant, to the employer or group of employers, if it is not the applicant, and to any bargaining agents and non-unionized employees that are not the applicant and that the Pay Equity Commissioner considers would be affected by the application.

• 30(5)Denial of application

  The Pay Equity Commissioner must deny the application if he or she is of the opinion that, if more than one pay equity plan were to be established it would not be possible for the employer or group of employers, or a pay equity committee, as the case may be, to identify enough predominantly male job classes for a comparison of compensation to be made under section 47 in respect of each of those pay equity plans.

• 30(6)Approval of application

  If the Pay Equity Commissioner approves the application, the employer or group of employers, as the case may be, must establish, in accordance with this Act, each of the pay equity plans whose establishment is approved.

• 31Steps to be followed

  The purpose of this Part is to set out the steps leading to the establishment of a pay equity plan.

• 32Job classes

  An employer — or, if a pay equity committee has been established, that committee — must start by identifying the job class of positions occupied or that may be occupied by employees to whom the pay equity plan relates. Subject to section 34, positions are considered to be in the same job class if

• 32(a)

  they have similar duties and responsibilities;

• 32(b)

  they require similar qualifications; and

• 32(c)

  they are part of the same compensation plan and are within the same range of salary rates.

• 33One-position job classes

  A job class may consist of only one position.

• 34Job classes in core public administration

  Positions in the core public administration that are at the same group and level comprise a single job class.

• 35Determination

  Once an employer — or, if a pay equity committee has been established, that committee — has identified all of the job classes under section 32, it must determine which of them are predominantly female job classes and which of them are predominantly male job classes.

• 36Predominantly female job classes

  A job class is considered to be a predominantly female job class if

• 36(a)

  at least 60% of the positions in the job class are occupied by women;

• 36(b)

  historically, at least 60% of the positions in the job class were occupied by women; or

• 36(c)

  the job class is one that is commonly associated with women due to gender-based occupational stereotyping.

• 37Predominantly male job classes

  A job class is considered to be a predominantly male job class if

• 37(a)

  at least 60% of the positions in the job class are occupied by men;

• 37(b)

  historically, at least 60% of the positions in the job class were occupied by men; or

• 37(c)

  the job class is one that is commonly associated with men due to gender-based occupational stereotyping.

• 38Group of job classes
• 38(1)

  An employer — or, if a pay equity committee has been established, that committee — may treat a group of job classes as a single predominantly female job class if at least 60% of the positions in the group are occupied by women.